Code of Alabama

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2-10-27
Section 2-10-27 Authority to acquire stock and execute mortgages. All cooperative agricultural
associations of any kind or character whatsoever, heretofore or hereafter organized under
the laws of the State of Alabama, are hereby authorized and empowered to purchase or otherwise
acquire and to hold stock in the New Orleans Bank for Cooperatives and in the Central Bank
for Cooperatives in accordance with the provisions of the Farm Credit Act of 1971, as heretofore
amended and as it may hereafter be amended by the Congress of the United States. All corporations,
heretofore or hereafter organized under the laws of the State of Alabama, which are eligible
to borrow from production credit associations, are hereby authorized and empowered to purchase
or otherwise acquire and to hold stock in production credit associations in accordance with
the provisions of the Farm Credit Act of 1971, as heretofore amended and as it may hereafter
be amended by the Congress of the United States....
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16-16-4
Section 16-16-4 Application for incorporation. (a) To become a corporation, the Governor, the
State Superintendent of Education and the Director of Finance shall present to the Secretary
of State of Alabama an application signed by them which shall set forth: (1) The name, official
designation and official residence of each of the applicants, together with a certified copy
of the commission evidencing each applicant's right to office; (2) The date on which each
applicant was inducted into office and the term of office of each of the applicants; (3) The
name of the proposed corporation, which shall be the Alabama Public School and College Authority;
(4) The location of the principal office of the proposed corporation; and (5) Any other matter
relating to the incorporation which the applicants may choose to insert and which is not inconsistent
with this chapter or the laws of the State of Alabama. (b) The application shall be subscribed
and sworn to by each of the applicants before an...
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5-5A-22
Section 5-5A-22 Limits of indebtedness. (a) No bank shall make a loan to any one person which,
when combined with all other loans to such person, would cause total loans to that person
to exceed: (1) Ten percent of the capital accounts of the bank, if such loans are not secured,
or (2) Twenty percent of the capital accounts of the bank, if loans in excess of 10 percent
of capital are fully secured. (b) No loans which would exceed the limitation set forth in
subsection (a)(1) shall be made unless duly authorized or approved in advance by the board
of directors of the bank, a committee of the board of directors of the bank, or a loan committee,
with such authorization or approval recorded in minutes of the meeting at which the authority
was given. (c)(1) As used in this section, the term "capital accounts" shall include
capital, surplus, and undivided profits as defined in Section 5-1A-2, together with obligations
of the bank subordinated in priority upon liquidation or dissolution to...
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5-5A-47
Section 5-5A-47 Liability of directors or officers; enforcement powers of superintendent. If
the directors or officers of any bank knowingly and willfully violate or knowingly and willfully
permit any of the officers, agents, or employees of the bank to violate any of the provisions
of this title, each and every director or officer engaging in such knowing and willful violation
or knowing and willful permission shall be liable in his or her personal and individual capacity
for all damages which the bank or any other person shall have sustained in consequence of
such violation. The superintendent may use enforcement powers granted by Section 5-2A-12 to
seek restitution for or on behalf of the bank for damages resulting from such violations.
Further, the superintendent shall have standing to intervene in any court action arising out
of or relating to such violation in order to protect the interests of the superintendent,
the bank, or its shareholders. (Acts 1980, No. 80-658, §5-5-47;...
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5-6A-22
Section 5-6A-22 Overdrawing own account; receipt of commissions, etc., to procure loans, discounts,
etc. Any officer, director, or employee of a bank who willfully and knowingly overdraws his
account with such bank and thereby obtains money or funds of any such bank except as the superintendent
shall allow by regulation, or asks, receives, consents or agrees to receive any commission,
emolument, gratuity, or reward or any promise of any commission, emolument or reward, or any
money, property or thing of value or of personal advantage in procuring or endeavoring to
procure for any person, firm or corporation any loan from or the purchase or discount of any
paper, note, draft, check or bill of exchange by any such bank is guilty of a misdemeanor.
(Acts 1980, No. 80-658, §5-6-22.)...
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5-6A-3
Section 5-6A-3 Meeting of board of directors; bonds of officers and employees of banks. (a)
The board of directors of any bank shall hold regular meetings at such time as may be fixed
by the bylaws, at least once every two months, and shall at all times be subject to call by
the president or by any two members of the board. Notwithstanding contrary provision in the
certificate of incorporation or bylaws of a bank, meetings of the board of directors may be
called by the superintendent and held at any place he requires. (b) The board of directors,
at their first meeting after election, shall fix and prescribe the amount of bond that shall
be required of each officer and employee of the bank, and shall not be less than the amount
that may have been fixed or that may be hereafter fixed by the superintendent for officers
and employees of banks of the class to which it belongs. They shall require bonds, either
individual or in blanket form, from each and every officer and employee handling...
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10A-11-1.10
Section 10A-11-1.10 Internal capital accounts. (a) Any employee cooperative may establish through
its governing documents a system of internal capital accounts, to reflect the book value and
to determine the redemption price of membership shares, capital stock, and written notices
of allocation. (b) The governing documents of an employee cooperative may permit the periodic
redemption of written notices of allocation and capital stock, and shall provide for recall
and redemption of the membership share upon termination of membership in the cooperative.
No redemption shall be made if the redemption would result in the liability of any director
or officer of the employee cooperative. (c) The governing documents may provide for the employee
cooperative to pay or credit interest on the balance in each member's internal capital account.
(d) The governing documents may authorize assignment of a portion of retained net earnings
and net losses to a collective reserve account. Earnings assigned...
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37-4-1
Section 37-4-1 Definitions. Unless otherwise specified, when used in this article, these terms
shall have the following meanings: (1) COMMISSION. The Alabama Public Service Commission.
(2) COMMISSIONER. A member of the commission. (3) MUNICIPALITY. Any municipal corporation
organized under the laws of this state. (4) PERSON. Such term shall mean and include individuals,
associations of individuals, firms, partnerships, companies, corporations, municipalities,
governmental agencies, their lessees, trustees, or receivers appointed by any court whatsoever,
in the singular number as well as in the plural. (5) NONUTILITY. Any federal agency, instrumentality,
or corporation, owned by the United States, and any corporation or joint stock company in
which the United States or any of its departments, establishments, or agencies, owns more
than 50 percent of the voting shares of stock of such corporation or joint stock company.
(6) SECURITIES. Such term shall mean and include stock, stock...
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5-3A-6
Section 5-3A-6 Examination of witnesses and production of documents; penalties for false entry
or statement; proceedings against former employees. (a) For purposes of this section, a bank
holding company is a holding company organized under the laws of Alabama or another state
in the United States that directly owns a majority of the voting securities of an Alabama
state bank. (b) The superintendent and every examiner acting under the superintendent may
administer oaths and may examine under oath any person whose testimony may be required on
the examination of any bank or any bank holding company, on the examination of any affiliate
of a bank, or on the examination of any agency of any foreign bank and shall have authority
and power to compel the appearance and attendance of any such person or the production of
any records and documents of any bank, any bank holding company, any affiliate of a bank,
or any agency of a foreign bank for the purpose of any examination and attendance or...
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5-7A-63
Section 5-7A-63 Resulting bank as continuation of savings institution. Except insofar as the
superintendent requires the converting savings institution to terminate certain activities
and dispose of certain assets in order to meet the requirements applicable to state chartered
banks, upon the conversion of any savings institution into a state chartered bank, the corporate
existence of such savings institution shall not terminate, but such resulting bank shall be
deemed to be a continuation of the savings institution so converted, and all property of the
converted savings institution including its rights, titles and interests in and to all property
of whatsoever kind, character or description, whether real, personal or mixed, and things
in action and every right, privilege, interest and asset of any conceivable value or benefit,
and all obligations, liabilities, charges, liens, encumbrances, judgments, and claims then
existing or pertaining to it or which would inure to or against it,...
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